New York City Attorney Who Sues Insurance Companies
While we pay insurance companies to be there for us when we fall on hard times, they do not always fulfill their end of the bargain. If an insurance company wrongfully denies your claim, you can sue them for compensation.
Lawsuits against insurance companies are not unusual. Common reasons for lawsuits against insurance companies include breaches of contracting or acting in bad faith. When filing your lawsuit, you must follow the rules and procedures specific to the situation, including serving notice on the appropriate parties. You must also abide by unique statutes of limitations that apply to cases common in lawsuits against insurance companies. To prove your case and get the compensation you deserve, we must present evidence that the insurance company breached the contract or wrongfully denied your claim. What kind of evidence we need depends on the circumstances of your unique situation.
If an insurance company wrongfully denied your claim or violated the terms of your policy, our New York City attorneys who sue insurance companies can help you. Call The Carrion Law Firm for a free case review at (718) 841-0083.
Why Sue an Insurance Company in New York City?
Perhaps the biggest reason people sue is that the insurance company fails to pay out on a claim they should have. Sometimes, this failure results from wrongful actions taken by the insurance company to cut costs and save money at the customer’s expense. Talk to our New York City attorneys who sue insurance companies to determine if you have a strong case.
Many lawsuits against insurance companies stem from a breach of contract. Your insurance policy is a contract between you and the insurance company stating that if certain conditions are met, the insurance company will pay money to cover certain damages and injuries. A breach of this contract is a violation of the terms. In most cases, the breach stems from the insurance company’s refusal to pay even though the policy terms require it. For example, if you need to have a surgical procedure that is clearly covered by the terms of your health insurance policy, the insurance company would be in breach of the contract if they refused to cover the surgery.
Bad faith claims are another source of lawsuits against insurance companies. Insurance companies are not exactly known for their honesty and transparency, and they often bank on customers making mistakes so they can avoid paying them. If you believe your insurance company acted in bad faith by misleading or lying to you about your policy, our team can help you sue them for the compensation you are entitled to.
How You File a Lawsuit Against an Insurance Company in New York City
Suing an insurance company means suing a large organization made up of many people, and no single person is liable for your damages. Instead, the insurance company itself may be held liable. As such, there are certain rules regarding how to sue an insurance company. Our New York City lawyers who sue insurance companies can help you get started.
How you serve notice on the defendant is important in any lawsuit. Serving notice is required, and the lawsuit cannot move forward if the defendant is not served or is served improperly. According to ISC Law § 1212(a), you must serve notice on an insurance company through the New York Superintendent of Insurance. All insurance companies must file a power of attorney with the Superintendent allowing them to accept notice and service of process.
Our team can help you serve notice by delivering a copy of the lawsuit to the offices of the New York State Insurance Department. This might only be one of the first steps in your lawsuit, but it is extremely important, and getting it wrong could end your case before it begins.
When You Should File a Lawsuit Against an Insurance Company in New York City
You must also abide by specific time constraints when suing an insurance company. All lawsuits must adhere to statutes of limitations that serve as deadlines for filing lawsuits. Different kinds of cases and claims often come with different statutes of limitations. When suing an insurance company, you will likely have to follow the deadline imposed under CVP Law § 213, which governs breaches of contract. Under this law, you have 6 years to file your lawsuit.
Although the statute of limitations is certainly important, it might not be the correct deadline we must be aware of. In many cases, the terms of a contract provide a different deadline for lawsuits and other legal actions. Our New York City attorneys who sue insurance companies can help you review the terms of your policy to determine if there are any other restrictions we should know about. Insurance companies often like to hold their customers to shorter deadlines to make suing harder, so we must act quickly.
How to Prove Your Case Against the Insurance Company in New York City
The evidence we need for our case depends on our reason for suing the insurance company. Our experienced New York City attorneys who sue insurance companies can help you find the evidence you need to win your case and the compensation you need.
A lot of the evidence might stem from the terms of your policy. For example, suppose the insurance company refuses to pay because it claims your policy does not cover your injuries. In that case, we need a copy of your policy as evidence in court. We must pay close attention to the terms of your policy and what they mean versus what the insurance company claims they mean. Insurance companies sometimes like to change how they define important terms to get out of covering damages.
Regarding actions taken in bad faith by the insurance company, we can use evidence of industry codes and standards to prove that the defendant acted in bad faith. For example, a common industry standard involves providing notice to customers when the terms of a policy change. If the terms of your policy changed, but the insurance company knowingly failed to notify you, their actions may be considered bad faith.
Contact Our New York City Attorney Who Sues Insurance Companies About Your Case
If you believe an insurance company should cover your damages, but the insurance company refuses, you can sue them to get the compensation you need. Call our New York City attorneys who sue insurance companies to discuss your case. Call The Carrion Law Firm for a free case review at (718) 841-0083.